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(영문) 전주지방법원 2013.09.27 2013노707

음악산업진흥에관한법률위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles are merely running a music record or music video production business after lawful reporting to the competent authority, not running a singing practice room business. 2) In light of the various sentencing conditions on unfair sentencing sentencing, the lower court’s sentence (fine 6,000,000) is too unreasonable.

B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.

2. Determination on the grounds for appeal

A. As the grounds for appeal concerning the Defendant’s assertion of mistake of facts, the Defendant asserted that the Defendant was operating a sound record or music video production business after legitimate reporting to the competent authority, and that the Defendant did not operate a singing practice room business. Therefore, the lower court rejected the Defendant’s assertion in detail with the Defendant’s and his defense counsel’s assertion under the title “Determination on the Defendant’s and defense counsel’s assertion” in the judgment of the lower court, which is “a decision on the Defendant’s and defense counsel’s assertion”. In comparison with the records, the lower court’s determination is just and acceptable, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles, and thus

B. Determination of unfair sentencing by the Defendant and the prosecutor on the assertion of unfair sentencing is recognized as unfavorable circumstances such as that the Defendant was sentenced to suspended sentence due to the violation of the Juvenile Protection Act and that he had been punished seven times in relation to the operation of singing practice room.

However, except the above violations of the Juvenile Protection Act, the defendant has no history of punishment heavier than a fine, the defendant is the most likely to support his/her mother, wife and child, and other cases such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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